An open submissions film project by Gillian Wearing

Terms & Conditions

Frontstage Backstage films ltd (“us”, “we” or “our”) are asking people to submit videos for consideration to be included in a visual art film which will be created from submitted videos. The project title is “Your views” also known as (the “Film”).

The inclusion or not of any Video in the Film is entirely dependent on the artistic vision of the director of the Film (the “Director”). The decision of the Director is final. As such, the Directors artistic review will determine the videos which will be selected for inclusion in the Film.

By submitting your Video to the ‘your view’ uploading page, you agree to these official rules and terms (the”Official Terms”).

Further information regarding the Film and the creation and submission of Videos for the Film is available on our Frequently Asked Questions page located on the project website under FAQ but such information does not form part of these Official Terms.

1. RELEVANT DATESSubmission of your Video by uploading to the Website (the “Submission Period”)

For all other dates such as excerpts and screenings, please check updates which will be posted to the website. Such dates are subject to change at our sole discretion and we have no obligation to complete the production of the Film or, if completed, to broadcast or release the Film in any specific media or at all.

Project Entities:
Frontstage Backstage Ltd (all parties collectively referred to as the “Project Entities” which expression includes their respective successors in title, assigns, licensees, parent or subsidiary companies, promotional partners, developers and third party marketing entities.)

2. ELIGIBILITY
2.1 For contributors to be eligible to upload and submit Videos to be considered for inclusion in the Film, individuals must be:
• The legal age of majority in your territory, usually 18 years of age older. It is the responsibility of the person submitting the video to be aware of the legal age requirements to participate depending on the territory they are in.
• The Director may ask you for proof of your age.
2.2 You will not be eligible to submit Videos to be considered for inclusion in the Film if you are a party who:
• is represented under contract (e.g., by a talent agent or manager) that would limit or impair any of the Project Entities’ ability to use your Video;
• has a contract that would make your appearance in your Video a violation of any third party right(s);
• is under a merchandising agreement; or
• is under any other contractual relationship (including but not limited to guild and/or union memberships), that may prohibit you from participating fully in the Film, or from allowing the Project Entities to use, on a residual-free and royalty-free basis, your Video worldwide in all media in perpetuity.

3. VIDEO SUBMISSION REQUIREMENTS
3.1 You can submit as many Videos as you like within the Submission Period, provided they comply with these Official Terms. Each Video must be no longer than 30 seconds.

3.2 When submitting your Video to the website you must also complete certain details requested by us, in particular your name, email address, contact telephone number and age, (some of these requests may be optional to complete) or your Video will not be eligible for consideration for inclusion in the Film. We will only use information collected at this point to contact you for the purpose of the Film, use as part of the website, such as obtaining physical copies of your Video and any further release documentation required and to communicate with you about whether your Video is provisionally selected for possible inclusion in the Film or has been included in the Film.

3.3 Any information collected by us as part of this process will only be used in a manner consistent with these Official Terms, including clause 15 (Privacy) and will at all times only be used in a manner consistent with the terms of the Data Protection Act (UK). Please note that your information may be held on a secure database on a server but at all times protected and subject to the privacy provisions in these Official Terms.

3.4 You must retain the original material used to create your Video so we can access it for use in the Film, should your Video be selected for possible inclusion in the Film.

3.5 We will review all Videos received during the Submission Period and select which films are shortlisted. Our decisions are final and binding.

4. ENTRY TERMS4.1 You represent, warrant, covenant and confirm to us that:

i. your Video conforms with these Official Terms.
ii. you are the age of legal majority in the place of your residence at the time of filming (18 years of age older;
iii. all responses provided by you to us when you upload your Video to the Film Channel are true and complete in all respects;
iv. you are the sole author and owner of your Video which is wholly original to you;
v. you have the right to agree to these Official Terms and to grant the rights referred to in these Official Terms, free from any encumbrances and third party rights;
vi. nothing in your Video infringes the copyright or any other rights (including any rights of confidentiality and/or privacy and/or publicity, any moral rights or any intellectual property rights) of any third party;
vii. your Video does not include any logos, trademarks, designs or copyright material (including but not limited to music, film or TV footage), whether or not owned by you (other than the Video itself);
viii. you have permission to film at your filming location, if the location is privately owned, to enable us to exploit your Video in accordance with these Official Terms. We may have to ask you to get the location owner to sign a location release form if your Video is selected;
ix. you have not assigned, charged, licensed or otherwise in any way encumbered any rights, title and interest in and to your Video which would prevent you from licensing your Video to us in accordance with these Official Terms, including by entering into any agreement which would require us to make any payment to you or any third party for using your Video;
x. no action claim or litigation is pending or threatened with respect to your Video or any rights in your Video;
xi. your Video does not contain any defamatory material or any material which is disparaging or derogatory of any person or which could adversely affect the name, reputation or goodwill of any person;
xii. your Video does not contain pornographic or sexually explicit content and does not contain any hateful, obscene, offensive or blasphemous content of any kind or any content which promotes violence or harm to any living creature;
xiii. your Video does not contain threats of any kind or any content that could intimidate, harass or bully any person; and
xiv. your Video and your filming and creation of your Video do not violate any local, state, national or international law or encourage violations of such laws, including privacy.
4.2 If you breach any of your representations, warranties, obligations, undertakings or covenants in these Official Terms, or your Video does not comply in all respects with these Official Terms, your Video will be disqualified from consideration for the Film.

5. TECHNICAL PROBLEMS AND GENERAL ERRORS5.1 To the extent permitted by applicable law, neither the Project Entities, nor any of their respective officers, directors, shareholders, agents, licensees, licensors and employees, nor any Internet access providers (collectively “Released Parties”) are responsible for incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the database, for problems uploading any Video or downloading any related materials from the upload page or otherwise, or for late, lost, damaged, misdirected, incorrect or incomplete Video.

5.2 For purposes of these Official Terms, receipt of your Video occurs when the servers connected to the upload page successfully receive the uploaded video file and record the required Video information.

6. SELECTION OF VIDEO6.1 All eligible Videos received during the Submission Period will be reviewed by the Director, and Videos will be selected or not selected for inclusion in the Film on the following basis, in no particular order:

i. appropriateness in relation to the brief as explained on the project page;
ii. uniqueness;
iii. creativity;
iv. technical execution; and
v. consistency with the creative and artistic vision of the Director of the Film.

6.2 If your Video is provisionally selected for possible inclusion in the Film, we will contact you via the email address, we might ask you to reshoot the video and make slight changes or ask for a higher resolution video if the quality is not good enough. We will also require you to provide your home address for use solely for the same purposes as are specified in clauses 3 (Video Submission Requirements) and 15 (Privacy), and if required, enforcing these Official Terms.

6.3 You may also be required to sign or procure that third parties execute additional documentation concerning the use of your Video, at our discretion. This may include Appearance Releases from individuals appearing recognisably in your Video and a signed location release in a form to be provided by us to you (“Location Release”) from the owner of any location in your Video.

6.4 If your Video is provisionally selected for possible inclusion in the Film, it does not mean your Video will be included in the final cut of the Film even if you provide all materials and releases requested by us.

6.5 If you fail to complete any required documentation, if specifically requested by us, in accordance with any requested timelines, or if your Video is found not to be in compliance with these Official Terms then your Video will not be included in the Film.

6.7 The Project Entities reserve the right to disqualify your Video at any time, at their sole discretion, on the basis of anything learned or obtained as a result of any additional documentation required by us, that constitutes a breach of these Official Terms. Our decision is final, including any application and/or interpretation of these Official Terms.7. YOUR LICENCE TO US
7.1 By submitting your Videos to the project website, you irrevocably grant us, jointly and severally, a worldwide non-exclusive, royalty free licence (where relevant, by way of present licence of present and future copyright) to:

i. download, copy, reproduce, adapt, translate, alter, rearrange, edit, cut, dub or subtitle in any language, and add to or delete from your Video (including without limitation the right to extract audio only or picture only content from your Video), in any way whatsoever, for the purpose of making and producing, advertising, promoting, publicising, broadcasting, exhibiting, distributing, exploiting and communicating to the public the Film, and to include your Video (or any such altered or edited version of your Video) in the Film whether as a single sequence or a series of sequences and preceded or followed by and interlaced with such other content (including without limitation any commercial breaks) as we determine in our sole discretion;
ii. advertise, promote, publicise, broadcast, exhibit, distribute and exploit the Film (and any clips from the Film) incorporating your Video, or any such altered or edited version of your Video, throughout the world in perpetuity in all media and by any and all means now known or devised in future (including without limitation any renting and lending of the Film); and
iii. communicate your Video, or any part thereof, to the public via the website, including without limitation for promoting and redistributing part or all of the website in any media formats and through any media channels.

7.2 If we request it, you agree to give to us all physical materials and copies of materials relating to your Video now or after the date of these Official Terms delivered by you to us or submitted by you at our request to a special site. We will not return to you any physical materials and copies of materials relating to your Video delivered by you to us and we shall have no liability to store or retain the same and shall have no liability whatsoever to you arising from the destruction or loss of the same by us or any third party

7.4 In these Official Terms the expression “project website” includes any website owned by us.

7.5 IF YOUR VIDEO (OR ANY PART OF IT) DOES NOT APPEAR IN THE FILM OR IN ANY DERIVATIVE FILM MATERIAL OR ON THE PROJECT WEBSITE, THE LICENCE IN THIS CLAUSE 7 WILL NOT APPLY.

8. ONSCREEN APPEARANCES – YOU, OTHERS AND LOCATIONS
8.1 If you appear in your Video or if your voice or sounds you make are audible in your Video, and your Video (or any part of it) is included in the Film and/or any Derivative Film Material and/or on the project website, you irrevocably grant to us, all performance consents which are or may be required under the Copyright Act (UK) (as amended or re-enacted from time to time) and any other analogous legislation in any part of the world for the exploitation of your appearance and performance in your Video and of the Film (or any part of the Film) and any Derivative Film Material, throughout the world, in perpetuity, in any media, now known or devised in future. We have the unlimited right to dub and/or subtitle your performance in any language.

8.2 If anyone other than you appears identifiably in your Video or their voice or other sounds made by them can be heard in your Video or their name is referred to in your Video, and/or if any location other than your own property, appears identifiably in your Video, you warrant that you have obtained all necessary assignments, licences, consents, grants of rights and waivers of moral rights from such individuals and/or the owners of such locations (as applicable) so as to enable us to exploit your Video in accordance with these Official Terms incorporating the names, images, voices, sounds and performances of such individuals and/or photographs, recordings and sound recordings of such locations (as applicable), throughout the world, in any and all languages, in perpetuity, in any media and by all means, now known or devised in future, without hindrance and without any payment obligations to such individuals and/or owners (as applicable). In the event your Video is provisionally selected for possible inclusion in the Film, we will require you to provide signed Appearance Releases and/or location releases (as applicable).

9. CREDIT FOR YOUR VIDEO
If your Video (or any part of it) is included in the final cut of the Film (but not otherwise), you will receive a credit using the full name given by you when you submit your Video to the project website in a list of contributors to the Film. The size, position and placement (whether in the Film or elsewhere) of such credit will be determined by us in our sole discretion. No failure by us or any third party to accord the foregoing credit shall constitute a breach of these Official Terms by us or entitle you to rescind your agreement to these Official Terms or to receive injunctive or other equitable relief or to enjoin or restrain the broadcast, distribution, exhibition, advertising, publicity, communication to the public or other exploitation of the Film or any Derivative Film Material.

10. YOUR NAME & LIKENESS FOR PROMOTION
If your Video (or any part of it) is included in the Film and/or any Derivative Film Material and/or on the project website, we shall have the right to use your name, photograph and non-photographic likeness and any still frames or moving images of your likeness taken from your Video and any recordings of your voice or sounds you made taken from your Video throughout the world for all purposes of advertising, promotion, publicity, broadcast, exhibition, distribution, exploitation and communication to the public of the Film, any Derivative Film Material, and the Film Channel, in any and all media now known or devised in future, in perpetuity.

11. MORAL RIGHTS AND WAIVER OF CLAIMS
11.1 If your Video (or any part of it) is included in the Film and/or any Derivative Film Material and/or on the project website, to the fullest extent permitted by applicable law, you irrevocably waive the benefits of and agree not to assert or exercise and waive and release the Project Entities from any and all claims that you may now or hereafter have in any jurisdiction based on any provision of law known as “moral rights” or “droit moral” or any similar rights or unfair competition with respect to the Project Entities’ exploitation of your Video without further notification or compensation to you of any kind, and you agree not to instigate, support, maintain, or authorise any action, claim, or lawsuit against the Project Entities or any other person in connection with your Video, the Film or any Derivative Film Material, on the grounds that any use of your Video or any derivative works thereof, infringe or violate any rights of you and/or any participant therein.

11.2 You warrant that neither you nor any other person will make any objection in the future to your Video (or any part thereof) being included in the Film and/or the Derivative Film Material and/or on the project website and irrevocably waive and release us from all and any liability of whatsoever nature following from or arising as a result of the inclusion of your Video (or any part thereof) in the Film and/or any Derivative Film Material and/or on the project website including by way of illustration claims in respect of or invasion of privacy, defamation or breach of any personal or property rights.

12. REMUNERATION
12.1 Inclusion of your Video in the Film and/or any Derivative Film Material and/or on the project website will be deemed sufficient consideration for all rights granted to us under these Official Terms and neither you nor any other person shall be entitled to any sum at the video’s inclusion or further sums whatsoever in connection with any exploitation of the rights granted to us under these Official Terms.

13. NO OBLIGATION
13.1 We shall be under no obligation to include your Video in the Film or in any Derivative Film Material or on the project website or, having made the Film or any Derivative Film Material including your Video, to broadcast, exhibit or exploit the Film or any Derivative Film Material and shall have no liability whatsoever arising out of the foregoing.

13.2 We will not enter into any correspondence in relation to the selection of the content included in the Film or in any Derivative Film Material.

13.3 We are under no obligation to inform people if their film is not suitable or shortlisted for the film.

14. BREACH OF OFFICIAL TERMS AND LIABILITY
14.1 In the event of any breach by us of these Official Terms, your sole remedy shall be for damages (if any) actually suffered by you (subject always to 14.2 below) and you shall not in any circumstances be entitled to rescind your agreement to these Official Terms or to any injunctive or other equitable relief or to enjoin or restrain the production, broadcast, distribution, exhibition, advertising, publicity, exploitation or communication to the public of the Film or any Derivative Film Material.

14.2 To the fullest extent permissible by applicable law, we shall not be liable for any economic losses, loss of goodwill or reputation or special, indirect or consequential losses (whether or not such losses were within the contemplation of you and us at the date of your upload of your Video to the project website) suffered or incurred by you arising out of or in connection with these Official Terms. Frontstage Backstage Ltd aggregate collective liability arising from or relating to these Official Terms (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to £100.

14.3 Nothing in these Official Terms shall be construed so as to limit or exclude either you or us from liability for fraudulent misrepresentation, personal injury or death.

14.4 YOU ACCEPT THE CONDITIONS STATED IN THESE OFFICIAL TERMS, AGREE TO BE BOUND BY THE DECISIONS OF THE PROJECT ENTITIES, WARRANT THAT YOU ARE ELIGIBLE TO PARTICIPATE IN THIS PROJECT, AND AGREE EXCEPT TO THE EXTENT THAT ANY PERSONAL INJURY OR DEATH IS CAUSED BY THE RELEASED PARTIES’ NEGLIGENCE OR BREACH OF THESE OFFICIAL TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THAT THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR (AND YOU HEREBY IRREVOCABLY RELEASE THEM FROM LIABILITY FOR) ANY CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), ASSERTED AGAINST ANY OF THEM, INCURRED, SUSTAINED, OR ARISING IN CONNECTION WITH THE USE, ACCEPTANCE, OR MISUSE OF ANY ENTRY MATERIAL, OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELLING TO OR FROM ANY CONTEST-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION YOUR CREATION OF YOUR VIDEO), INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, OR FROM YOUR BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CONTEST, INCLUDING THESE OFFICIAL TERMS. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROJECT IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE PROJECT ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE REVIEW OF ANY OF US, YOU UNDERSTAND AND AGREE TO BEAR SOLE LIABILITY FOR THE CONTENTS OF YOUR VIDEO AND AGREE TO INDEMNIFY THE RELEASED PARTIES FOR ANY DAMAGES AND/OR COSTS INCURRED AS A RESULT OF ANY THIRD PARTY’S CLAIM OR DEMAND RELATING TO THE CONTENT OF YOUR VIDEO. YOU FURTHER AGREE TO INDEMNIFY AND TO KEEP THE RELEASED PARTIES FULLY INDEMNIFIED AGAINST ALL CLAIMS, COSTS, PROCEEDINGS, ACTIONS, DEMANDS, DAMAGES AND/OR LIABILITIES WHATSOEVER INCURRED BY AND/OR AWARDED AGAINST AND/OR COMPENSATION AGREED BY ANY RELEASED PARTY IN CONSEQUENCE OF ANY BREACH OR NON-PERFORMANCE BY YOU OF THE WARRANTIES SPECIFIED IN CLAUSES 4(I), 4(III) AND 4(V)-4(XVI) (INCLUSIVE) ABOVE IN THESE OFFICIAL TERMS.

14.5 You hereby acknowledge and agree that the relationship between you and the Project Entities is not a confidential, fiduciary, exclusive or other special relationship, and that your decision to submit your Video in connection with the Film does not place the Project Entities in a position that is any different from the position held by members of the general public with regard to elements of your Video, other than as set forth in these Official Terms.

15. PRIVACY – PERSONAL DATA
15.1 When creating your Video, you hereby undertake to comply with the provisions of the Data Protection Act (UK) (”the Act“), and any related legislation, and any analogous legislation applicable in any other jurisdiction, insofar as the same relates to the provisions and obligations of these Official Terms.

15.2 For the purposes of the Act and any related legislation, and any analogous legislation applicable in any other jurisdiction, you agree and give your consent to the holding and processing of personal data, including sensitive personal data as such terms are defined in the Act, relating to you (including without limitation the data referenced in clauses 3 (Video Submission Requirements) and 6 (Selection of Video) above) by us and any companies in the same group as us or under common control or ownership with us and, where relevant our and their respective employees, agents and advisers, solely for purposes connected with these Official Terms (including without limitation the enforcement of the same), the Film, the Derivative Film Material and the project website and to ensure compliance with our legal and regulatory obligations.

15.3 You acknowledge that the processing of personal data pursuant to clause 15.2 above may involve the disclosure of such personal data to third parties, such as distributors and licensees of the Film, sponsors and advertisers and other persons connected with the Film or the relationship under these Official Terms.

15.4 The disclosure and processing of your personal data pursuant to clauses 15.2 and 15.3 above may involve the transfer of such personal data outside the European Economic Area including the US and other jurisdictions where data protection regulations may not offer the same protection as those applicable within the European Economic Area. You consent to such transfers.

15.5 You and any person appearing in your Video from whom we have received personal data have the right to require personal data held by us relating to you or such person (as applicable) to be removed from all records held by us by sending an email to the following email address: yourviewsfilm@gmail.com provided that if you or any such person sends such notice after we have included your Video in the Film we shall be entitled to retain personal data received from you or any such person (as applicable) for the purposes of verifying your, or their (as applicable), consent to the inclusion of your Video in the Film and on the project website and, at our sole discretion, we shall have the right to continue to use your Video in accordance with the terms of these Official Terms (including without limitation in the Film and in any Derivative Film Material and on the project website). In the event that you or any person appearing in your Video sends such notice prior to inclusion of your Video in the Film, your Video will not be eligible for inclusion in the Film or on the project website.

16. ASSIGNMENT OR SUB-LICENCE
16.1 We shall be entitled to assign, license, charge or deal in any other manner with these Official Terms or our rights and benefits under these Official Terms (in whole or part) to any third party.

16.2 You shall not be entitled to assign, license, charge or deal in any other manner with these Official Terms or your rights and benefits under these Official Terms to any third party without our prior written consent.

17. ENTIRE AGREEMENT & GOVERNING LAW
17.1 These Official Terms (together with all information provided by you at the point of submitting your Video to the project website) constitute the entire agreement between you and us and replaces, supersedes and cancels all prior agreements between you and us relating to the subject matter of these Official Terms.

17.2 In the case of any conflict between any provision of the Official Terms in this document and the Terms of Conduct or the Code of Conduct, these terms will prevail.

17.3 UK law shall apply to these Official Terms (including non-contractual obligations arising out of or in connection with them) and you and we irrevocably submit to the exclusive jurisdiction of the UK Courts in respect of any dispute or claim arising out of or in connection with these Official Terms (including non-contractual disputes or claims). Service of process in any judicial or other proceeding against you may be made by personal delivery (including by courier) or by post (by airmail if sent overseas) to the address provided by you to us under clause 6.2 (or such other address as you may notify to us in writing from time to time) and shall be deemed effected when left at the relevant address (in the case of personal delivery (including by courier)) or two (2) days after posting (if sent by post other than airmail) or six (6) days after posting (if sent by airmail).

18. SEVERABILITY
If any provision of these Official Terms is invalid, void or unenforceable for any reason, such provisions shall in no way affect any other provision of these Official Terms, which will remain in full force and effect.

19. CANCELLATION
We may cancel, modify, or suspend this project (or any portion thereof) at our sole discretion. In the event of termination, we reserve the right, at our sole discretion to select Videos for the Film and the website from among all eligible Videos received up to the time of such action using the judging procedure set forth herein.